Medical Malpractice

Study Finds Medical Malpractice Claim Frequency is Stabilizing

By Cullan & Cullan on November 5, 2013 - Comments off

A joint study recently released by Aon Risk Solutions and the American Society for Healthcare Risk Management (ASHRM) indicated that the rate of medical malpractice claim filing is expected to stabilize throughout the coming year, says a report by Business Insurance.

The hospital professional liability claim frequency is expected to experience no growth for 2014. Additionally, the med mal claim severity annual growth rate is at 2.5%, the lowest rate recorded in 14 years.

An associate with Aon Risk Solutions stated, “This risk appears to be fairly under control and fairly stable.” Read the rest »

Yankees Player Alex Rodriguez Files Medical Malpractice Suit against Team Doctor

By Cullan & Cullan on October 15, 2013 - Comments off

According to a report by The Star-Ledger, Yankees all star player Alex Rodriguez, also known as “A-Rod,” has filed a medical malpractice lawsuit against team doctor Chris Ahmad and New York Presbyterian-Columbia Medical Center. This is just one of many new developments for the prodigious batter who is currently embroiled in a performance-enhancing drug scandal and another lawsuit with Major League Baseball (MLB).

The lawsuit alleges Ahmad failed to inform Rodriguez of a superior labral tear at the left hip after an MRI examination was conducted on October 11, 2012. Rodriguez was allowed to continue playing during playoffs, which, according to the suit, caused him further injury, leading to additional costly surgeries.

This suit and the suit against the MLB were both filed in New York State Supreme Court. The Yankees were not identified as a liable party in either case. Read the rest »

How to Protect Yourself from Common Medical Errors

By Cullan & Cullan on July 11, 2013 - Comments off

According to, a 2011 study published in Health Affairs found that medical errors are involved in a staggering 33 percent of all hospital admissions. A 1999 report made by the Institute of Medicine (IOM) found similarly shocking results: 98,000 deaths in the U.S. each year occur due to medical errors. Detection methods are used to prevent grievous patient errors, yet they miss 90 percent of medical mistakes.

Although medical errors cannot be completely avoided, there are ways in which patients can reduce the chances of common medical errors happening to them. Read the rest »

Oral Surgeon Accused of Unsanitary Practices

By Cullan & Cullan on April 10, 2013 - Comments off

Hundreds of patients who were concerned about possibly being exposed to the virus that causes AIDS visited a health clinic to learn whether or not they were affected.  Letters began being sent out the day before to some 7,000 of the accused dentist’s patients.  As reported by the Associated Press and published in USA Today, the letters warned those who had been patients of the accused dentist over the past six years of the public health hazard caused by alleged poor hygiene at the oral surgeon’s clinics.

The screening for hepatitis C, hepatitis B, and for the virus that causes AIDS began, and according to the Tulsa Health Department, 420 former patients were tested.  Testing was to resume on Monday.

One former patient said that you believe in doctors and trust them to follow the rules.  Her trust has been betrayed.  Five months ago she had a tooth extraction at one of the surgeon’s two clinics. Read the rest »

Grading Your Hospital

By Cullan & Cullan on February 20, 2013 - Comments off

In the past, Americans in need of health care put their trust in hospitals, doctors, nurses, and other medical professionals without considering that the very system whose role was to help patients could also harm patients. Gone is the time when patients were happy being passive about their medical care. When you go to a hospital seeking treatment for a single medical issue, you do not want to suffer another serious condition, infection, or injury from preventable medical errors.

On average 195,000 patients in the U.S. die each year because preventable medical errors occurred in hospitals. Medical negligence is responsible for injuring more than one million every year. Doctors, nurses, nurse anesthetists, physicians’ assistants, and other medical professionals too often exhibit carelessness. The medical malpractice attorneys at Cullan & Cullan know the huge amount of resources needed to build a strong medical malpractice case. Our attorneys are also physicians who have the specialized medical training to recognize negligence and challenge the medical and medical insurance industries. Read the rest »

Rating the Quality of Medical Care with Patient Safety Indicators

By Cullan & Cullan on February 18, 2013 - Comments off

More and more consumers today are researching the quality of hospital care. Over the past 14 years, HealthGrades has been leading the way, providing research needed in order for consumers to make informed choices.

The organization has poured through approximately 150 million hospitalization records, across 26 separate medical procedures/diagnoses to find the hospitals across the U.S. with the lowest rates of medical complications and fewest deaths resulting from medical procedures. The best are listed as HealthGrades’ 100 best or 50 best hospitals.

Consumers tend to notice the more superficial characteristics found in the hospital environment like person-to-person interaction. Unless they are medical professionals themselves, they may judge a hospital based only on nonclinical measuring sticks. If they were treated with kindness and respect, that may be what they tell their friends and family members. The more technical aspects of healthcare that matter most, though, may be difficult to determine on one’s own. Examples include details about quality of surgical care, medical procedure complication rates, etc. Read the rest »

Emergency Room Accident Prevention: Tips to Plan Ahead for an Emergency Room Trip

By Cullan & Cullan on November 8, 2012 - Comments off

Annually, emergency rooms across the U.S. see more than 123 million visitors, and the constant demand for professional medical care to treat injured and ill patients may lead to mistakes, errors in judgment, and failure of medical care. Emergency room malpractice and negligence, such as errors in diagnosis, unnecessary surgery, and misread X-ray results, can cause undue damage and significant harm to emergency room patients.

In order to prevent a serious emergency room accident, increase efficiency, and improve processes while you are seeking emergency care, Nebraskans should consider the following tips to prepare for possible future trips to the emergency room:

  • Consider keeping a current patient medical history diary to track things such as medication usage and immunizations. In the event the ER you are visiting is not associated with your primary care doctor, keeping a medical history record can be very beneficial. Read the rest »

Causes and Prevention of Medication Errors in Nebraska

By Cullan & Cullan on October 29, 2012 - Comments off

Omaha Medication Pharmacy ErrorMedications are one of the best tools of modern medicine and can ease pain, cure infectious diseases, and prevent problems from chronic diseases. However, if medicine is not administered, prescribed, or dispensed correctly, the health of an innocent patient may be put in danger. Medication errors such as these cause injuries to more than 1 million people in the U.S. each year, though astonishingly most are preventable. A medication error leads to medications being used inappropriately or it may also cause a harmful reaction in a patient, and examples include prescribing the wrong drug or administering an improper dose of medicine.

A medication error can occur anywhere, including your own home, but they frequently occur in doctor’s offices, hospitals, or pharmacies. But what causes a potentially dangerous medication error? The most common causes include: illegible prescriptions or confusing directions, poor communication between patients and healthcare providers, or similar sounding medication names and medical abbreviations. The best way to prevent a medication error is effective communication, and knowledge is certainly your best defense. Read the rest »

Medical Malpractice in Nebraska: What are Some Examples of Surgical Negligence?

By Cullan & Cullan on September 17, 2012 - Comments off

Nebraska Surgeon Negligence AccidentMedical malpractice is the cause of approximately 225,000 deaths in the U.S. annually, making the negligence of healthcare providers the third highest leading cause of death in the nation. There are a number of different types of medical malpractice that can cause a patient harm, but surgical malpractice is a factor in an alarming amount of death and permanent injury cases. Surgical malpractice is the failure of a surgeon to provide adequate treatment to patients and exercise the same degree of skill and care that another surgeon of the same medical specialty would use under similar circumstances.

The failure to provide appropriate care can result in serious injury, or even death, to a patient.

Negligent surgical errors can occur at anytime, whether it is during a noninvasive outpatient surgery or an emergency surgery where time is of the essence. Depending on the type of surgery, the injury to a patient can be severe. The following are some examples of surgical negligence: Read the rest »

Physicians Failing to Review Hospital Test Results Can Be Dangerous for Patients

By Cullan & Cullan on June 14, 2012 - Comments off

NE Diagnosis Mistake InjuryA new study published in the Annals of Internal Medicine shows the potential dangers of doctors not reviewing hospital test results. The study, which examined two hospitals, concluded that 40 percent of the hospitals’ patients were discharged pending test results. Of these cases, 10 percent of the results may have led to a change in treatment or a completely new diagnosis. The physicians were unaware of over 60 percent of the results, some of which required urgent action. Ultimately, doctors failing to review test results after a patient has been discharged can result in delays in diagnosis and cause other detrimental consequences.

According to, a recent case in New York of delayed diagnosis illustrates the dangers of physicians not reviewing post-discharge test results. A healthy 30-year-old man experiencing severe abdominal pain was admitted to Mount Sinai Hospital in New York City. Following a CT scan, exploratory surgery, and a series of blood tests, the doctors were unable to find the cause of the pain and eventually discharged the man as the pain became manageable with oral medicine. Read the rest »